CommuRider wrote:Not enough to hit him but ran away too. This is murder by any other definition and a cowardly act. Good on the lifesaver on helping the cyclist - though in vain RIP, condolences to family and friends.

Police have arrested and charged a man with murder after allegedly running down a cyclist at Mullumbimby earlier in the week. About 10:30am, Tuesday 3 January 2012, a 60-year-old man was riding his motorised bicycle south along Coolamon Scenic Drive when he was allegedly hit from behind by a white van. The van driver allegedly failed to stop at the scene and the 60-year-old man was found by a passing surf life saver. The injured man was taken to Mullumbimby Hospital where he died. Detectives from Tweed/Byron Local Area Command and officers from the Ballina Crash Investigation Unit attended the scene and commenced investigations into the incident. About 10am yesterday (Wednesday 4 January 2012), police attended a house in Nashua where they arrested a 53-year-old man and seized his white Toyota Hiace van for examination.

The man was taken to Byron Bay Police Station where he was charged with murder and dangerous driving occasioning death. He has been refused bail to appear in Lismore Local Court tomorrow (Thursday 5 January 2012).

Police would like to thank members of the public for their assistance with the matter, however, would still like to hear from anyone who witnessed the collision and has not yet spoken to police. Anyone with information that could assist police with their inquiries is asked to contact Byron Bay Police or Crime Stoppers 1800 333 000.

CommuRider wrote:Not enough to hit him but ran away too. This is murder by any other definition and a cowardly act. Good on the lifesaver on helping the cyclist - though in vain RIP, condolences to family and friends.

CommuRider wrote:Not enough to hit him but ran away too. This is murder by any other definition and a cowardly act. Good on the lifesaver on helping the cyclist - though in vain RIP, condolences to family and friends.

looks like the police agree it was murder by the actual definition too.

Yeah, I heard about the murder charge this morning on the radio. To me it sounds like there might have been some history between the two parties here as a regular hit and run isn't usually murder... It has to be intentional. Could easily be wrong about this one though.

Ozkaban wrote:To me it sounds like there might have been some history between the two parties here as a regular hit and run isn't usually murder... It has to be intentional. Could easily be wrong about this one though.

Regardless of the history, I for one, am glad a murder charge has been laid.Hopefully it'll start to get the message across that cyclist aren't targets.

Inspector Greg Jago said the two men knew each other. "We are aware that both parties knew each other prior to the incident and apparently there was some animosity between them," he told Fairfax Radio.

If there was no murder charge, the victim's family could very well have taken matters in their own hands.

SMH now has a photo of him and his e-bike. Bike is very serious looking with big engine and whitewall tyres. Not a run of the mill e-bike.

Police say Mitchell lead them on a two-kilometre chase through rugged bushland before being caught. Inspector Greg Jago says information from the community led officers to Nashua.

"It is now apparent the collision involving the van and the bicycle at Mullumbimby wasn't an accident as was originally reported to police, and as a result a 53-year-old man has been charged with murder," he said.

Oxford wrote: despite how I feel about the situation, I believe a charge of manslaughter will be the result, not murder.

The reports (e.g. Channel Nine's) clearly state he has been charged with murder, as a result of information received fromthe public.

Perhaps someone overheard him describe what he intended to do, and has reported this. If so, the murdercharge could stick. Of course, there's all sorts of ways lawyers can twist and appeal things that could result in a down-grade to manslaughter or culpable driving etc.,.

None of it brings the victim back, but let's hope some justice might be served - and thatbubba has his way with the offender.

WombatK

Somebody has to do something, and it's just incredibly pathetic that it has to be us -Jerry Garcia

The car was used as a weapon to deliberately harm the deceased. The driver also had no compunction running away from the scene of a crime. I hope the magistrate takes into account that if it were a pedestrian, leniency would not be an option. Just the hatefest on the Daily Terror's page on this story does frighten me a bit with the constant justification that cyclists on roads are asking to be hit In this case, the perpetrator is known to the deceased but the latter being on his bike somehow makes it all right that the former can be eligible for a lesser sentence.

If a motive can be proven, that this was premeditated than a crime of opportunity, deliberate harm to a person causing his death is no less of a crime because he was on a bike, and a pioneering inventor at that.

That being said, he also ran away from the police and they chased him for 2kms before being caught. His actions after the crime must count for something.

Inspector Greg Jago said the two men knew each other. "We are aware that both parties knew each other prior to the incident and apparently there was some animosity between them," he told Fairfax Radio.

SMH now has a photo of him and his e-bike. Bike is very serious looking with big engine and whitewall tyres. Not a run of the mill e-bike.

Not an ebike at all by the looks of it. Appears to be one of those two-stroke things.

Oxford wrote:I mostly agree with you, but it did involve a cyclist, or at least a person riding a bicycle (of sorts). Other than knowing each other I wonder how different this is to a driver taking the same action (attempting to buzz/scare a cyclist) and then actually making contact and injuring/killing the cyclist?

I had a cousin who decided it would be funny to take his unloaded gun in the garage, point it at his mate and shoot him in the face for a joke. Unbeknown to him, his father (my uncle) had used it the day before to shoot snakes, and had left it loaded. He got jailed for murder, not manslaughter. I see no reason the same shouldn't happen here. He knew exactly what he was doing, and planned it out, even knowing the consequences of his actions.

Oxford wrote:I mostly agree with you, but it did involve a cyclist, or at least a person riding a bicycle (of sorts). Other than knowing each other I wonder how different this is to a driver taking the same action (attempting to buzz/scare a cyclist) and then actually making contact and injuring/killing the cyclist?

I had a cousin who decided it would be funny to take his unloaded gun in the garage, point it at his mate and shoot him in the face for a joke. Unbeknown to him, his father (my uncle) had used it the day before to shoot snakes, and had left it loaded. He got jailed for murder, not manslaughter. I see no reason the same shouldn't happen here. He knew exactly what he was doing, and planned it out, even knowing the consequences of his actions.

That doesn't make sense unless he knew it was loaded and wanted to kill his mate? Anyway, I don't think this person's death should be treated as a cyclist casualty as it wasn't really a bicycle.

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